Feijóo's PP plans to bar Constitutional Court judges who drafted laws

The PP electoral plan requires that no Constitutional Court judge rule on laws they participated in drafting while serving in government.

English · Original discussion in Spanish · Published

The People's Party (PP) will include a clause in its electoral program prohibiting any judge of the Constitutional Court from ruling on laws they helped draft while serving in the Government or Administration. This measure trinc the Court's refusal to recuse Conde-Pumpido and Díez from the appeal against the amnesty law.

The PP aims to codify into its electoral program a rule previously left to common sense: preventing a Constitutional Court judge from adjudicating a law they participated in creating. The clause, revealed by **El Confidencial**, is part of **Alberto Núñez Feijóo**'s electoral commitments and applies to those who worked in the Government or Administration.

## What the plan says and who it affects

The document states that "strengthening the independence, authority, and legitimacy of the Constitutional Court is essential for limits on power to be credible and constitutional rules to be respected by all." The ban extends to any judge who participated in drafting a norm from the Executive or Administration and later has to resolve cases regarding it in the court of guarantees.

This is not a new rule in abstract: judicial recusal already exists in law. What changes is turning it into a programmatic commitment and applying it as a prior criterion, without waiting for parties to request it.

## The amnesty precedent

The episode driving this measure is the PP's unconstitutionality appeal against the amnesty law. **Génova** requested the recusal of the Constitutional Court president, **Cándido Conde-Pumpido**, and judge **Laura Díez**. The court rejected both requests.

The Populars argued that Conde-Pumpido had made public statements about the *procés* and had served as Attorney General. Díez's case was more controversial due to her previous work in the Administration. The Constitutional Court accepted neither recusal.

## A promise of impartiality with uncertain reach

The proposal is sold as a reinforcement of the impartiality of the body interpreting the Constitution. Its real scope will depend on how it is drafted and whether it is processed into law. For now, it is an electoral clause, not current legislation.

If the matter ends up in courts, it is advisable to consult the legal text rather than relying solely on headlines.

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Summary of a discussion on Burbuja.info - Foro de economía, actualidad y política., translated from Spanish and reviewed before publication. Read the full discussion (0 replies).

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